CHARLES A. RIVERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges his sentence because it was entered without a guidelines score sheet and because the aggregate term of incarceration and probation exceeded the statutory maximum. After appellant’s initial brief was filed, appellee filed a motion to relinquish jurisdiction so that the trial court could correct the errors raised in appellant’s brief. Thereafter, appellee was ordered to show cause why the motion to relinquish jurisdiction should not be construed as a confession of error, to which this court received no response. Although the procedure followed by this court in the case of obvious guidelines sentencing errors may vary from case to case, it is likely that the court will find it advisable to simply reverse and remand to the trial court for resentencing, thus eliminating the procedure of issuing a show cause order as was done here. See Hope v. State, 513 So. 2d 217 (Fla. 1st DCA 1987).
Accordingly, appellant’s sentence is vacated and this cause is remanded for resentencing.
SMITH, C.J., and SHIVERS and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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LEE v. State, 520 So. 2d 663 (Fla. 4th DCA 1988)…eet. Any departure from the guidelines should be based on proper grounds contained in a written departure order. See e.g. Carpenter v. State, 515 So. 2d 431 (Fla. 4th DCA 1987); Fletcher v. State, 514 So. 2d 1157 (Fla. 2d DCA 1987); Rivers v. State, 513 So. 2d 766 (Fla. 1st DCA 1987). AFFIRMED IN PART; REVERSED AND REMANDED IN PART. DOWNEY, WALDEN and GUNTHER, JJ., concur.…
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Taylor v. State, 524 So. 2d 719 (Fla. 1st DCA 1988)…d sentence under the guidelines, and because the state acknowledges that appellant’s sentence is an improper sentence in excess of the guidelines, appellant’s sentence is vacated and this cause is remanded for resentenc-ing. Compare Rivers v. State, 513 So. 2d 766 (Fla. 1st DCA 1987); Hope v. State, 513 So. 2d 217 (Fla. 1st DCA 1987). ERVIN, BOOTH and THOMPSON, JJ., concur.…
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In the Interest of C.B. v. State, 526 So. 2d 1033 (Fla. 1st DCA 1988)…se two additional points. Because the motion to relinquish jurisdiction acknowledges that the appealed order is facially deficient, we find the appropriate disposition is to vacate the order and remand for further proceedings. See Rivers v. State, 513 So. 2d 766 (Fla. 1st DCA 1987). In the event the additional errors raised by appellant are not cured in the proceedings on remand, appellant may seek review after entry of an appealable order under Chapter 39. Accordingly, the appealed order is vacated and t…
Authorities Cited
- Hope v. State, 513 So. 2d 217 (Fla. 1st DCA 1987)